According to art. 509 of the Civil Procedure Code, the review of a judgment disposed on the merits or which evokes the merits may be required in the following cases presented by our lawyers in Romania:
Our Romanian lawyers can give you details about each of these situations, as needed.
The application must be directed to the court which delivered the judgment whose review is requested. In case there are adverse final rulings, the request for review will be addressed to the court higher in rank than the court which gave the first judgment. If one of the courts is the High Court of Cassation and Justice, the request for review will be judged by that court. The experts at our Romanian law firm can assist in this case.
For the first eight review reasons previously mentioned, the revision time limit is of one month and it’s calculated differently for each case separately.
Regarding the case where the party has been prevented from appearing in Court, the deadline is of 15 days and it’s calculated from the date of the impediment. The experts at our law firm in Romania can provide more details on these deadlines.
For the last two reasons given, the term is 3 months from the date when the decision of the European Court of Human Rights, namely the Constitutional Court’s decision has been published in the Official Gazette of Romania, Part I. Our Romanian lawyers can provide more details about this process.
Yes, the court may order the suspension of the decision whose review is required, under the condition of commissioning a bail. Our lawyers in Romania can provide more details if this is the case.
Regarding the proceedings procedure, it is useful to know that meeting the claim is mandatory and the discussions are limited to the admissibility of the review and the facts on which it is based.
For further information on the procedure of reviewing a civil judgement according to the Romanian law, do not hesitate to contact one of our Romanian lawyers who will provide complete and accurate information, updated in line with the latest legislative changes in this field, as well as representation before the competent authorities, when necessary.